Regulations

Regulations. A. The Department shall comply with the Mississippi Administrative Procedures Act, Miss. Code Ann. §§25-43-1, et. seq., in the establishment the rules and regulations of the Department. B. Notice– Prior to adoption, amendment or repeal of any regulation, the Department shall give the following notice. 1. Notice of at least twenty-five (25) days of the intended action is required 2. Notice shall include a statement of the terms or substance of the intended action or a description of the subjects and issues involved, and the time, the place and the manner in which interested persons may present their views thereon. 3. Notice shall be filed with the office of the Secretary of State of the State of Mississippi, placed on the Department website, and electronically mailed to all persons who may have made timely request of the Commissioner for advance notice of rule-making proceedings. 4. Notice may be published in such newspapers of general daily circulation and in such insurance publications as selected by the Department. C. Emergency Regulations –If the Commissioner finds that an imminent peril to the public health, safety or welfare require adoption of a rule upon fewer than twenty-five (25) days notice and states in writing its reasons for that finding, the Commissioner may proceed without prior notice of hearing or upon an abbreviated notice and hearing that it finds practicable to adopt an emergency rule, pursuant to the provisions provided in Miss. Code Ann., §25-43-3.108. D. Written Comments – Written comments will be accepted on all proposed regulations, except for emergency or temporary regulations. The Department’s website will provide interested parties with the information on when and how a written comment may be submitted regarding the adoption of the proposed regulation. E. Oral Hearing - If an oral hearing is held regarding the adoption of a regulation, the following provision, in addition to any statutory requirements, shall apply: 1. The time and place of the public hearing shall be posted on the Department’s website. 2. The public hearing shall be presided over by the Commissioner or his designee. 3. The Commissioner or his designee shall determine all procedural questions not governed by the Administrative Procedures Act, may limit the number of witnesses and to impose such time and presentation limitations as deemed reasonable. Any public hearing held will be a non-adversary, fact-finding proceeding, and any rule action taken need not be based exclusively on the record of such hearing. 4. Any person interested may attend the hearing, with or without counsel. Any hearing participant may introduce oral testimony through such witnesses as the presiding representative shall permit. 5. The obtaining and use of witnesses is the responsibility of the parties attending the hearing. All witnesses shall be present on their own volition, but any person appearing as a witness may be questioned by any hearing participant and the presiding representative. 6. The Commissioner or his designee have the authority to exclude data or materials deemed to be improper or irrelevant. Formal rules of evidence shall not apply. F. Written and Oral Comments - All timely written and/or oral comments will be considered before taking any final rule action. All rule actions proposed pursuant to this regulation shall be effective upon the Department’s provision of the final version of the rule or statement of repeal thereof to the office of the Secretary of State. However, no rule shall become effective prior to the time limits imposed by the Administrative Procedures Act. Any party having timely commented adversely to the proposed rule action may seek review of the final rule action in a court of proper jurisdiction. G. Post-Adoption Actions - Any person aggrieved by any act of the Commissioner with regard to the adoption, amendment or repeal of any rule, may file a petition for review of an adverse ruling within five (5) days after receipt of notice thereof in the case of those interested persons who have made timely requests of the Insurance Department for advance notice of the Insurance Department’s rule-making procedure and ten (10) days for all other interested persons.